• NBW recall

Section 324 is charged on me. 
NBW is issued against me since i was not able to attend previous hearing .
Next hearing (12 sept)
Q1. Do I need to appear on court before 12 sept for recall of NBW?
Q2. Is there any chance of getting arrested if I directly appear on next hearing(12 sept)?
Q3. Is my presence necessary for recall of NBW?
Asked 2 years ago in Criminal Law from Delhi, Delhi
Religion: Hindu

You should appear on next date seek stay of NBW issued against you

2) your personal presence is necessary in court for recall of NBW

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

1. Appear before the court on the next date and apply for recall of NBW. If you give cogent reasons then court will cancel the NBW without remanding you to judicial custody.

2. Your presence is indispensable for the recall of NBW.

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

1. You can attend on the next scheduled date or on any date prior to that by surrendering yourself for the purpose of seeking recall of NBW. It is routinely allowed.

2. No, unless such NBW was issued on many occasions before and you are habitual absconder.

3. Without your physical how could you surrender yourself for recalling NBW.

Devajyoti Barman
Advocate, Kolkata
19515 Answers
277 Consultations

5.0 on 5.0

Sir

You can approach through a lawyer with an application for cancellation of NBW.

He has to argue too on the same.

Anand Shukla
Advocate, Delhi
566 Answers
13 Consultations

4.9 on 5.0

you can recall on next hearing.

If a bench warrant is ordered, the police can arrest you. You can also be charged with the criminal offence of failure to appear.

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

Hi, since you have defaulted bail bonds by not attending before the court on the hearing , you have to give fresh bail bonds and a surety to get bail .. Your presence will be required

Hemant Chaudhary
Advocate, Gurgaon
4458 Answers
34 Consultations

4.9 on 5.0

Yes you need to file cancellation of NBWs before the next date of hearing.

Yes you may be arrested if you directly appear on next hearing.

Yes your attendance is essential

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

1. Appear in-Person alongwith a Lawyer, BEFORE the next date, and apply for cancellation of the NBW.

2. You can be arrested ANYTIME on or before "12 sep", IF you ignore to do the above.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
4307 Answers
23 Consultations

5.0 on 5.0

1. You may surrender and take bail.

2. You will have to be in custody in the court itself and then you will get bail.

3. No, if you just file an application for recall of NBW then your presence is not mandatory.

Regards

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

hello

an NBW is issued when you do not repeatedly appear in a case. appear through a lawyer and your presence is also required. though there is a slim chance this is not a heinous offence therefore, the court shall pardon you.

regards

Rahul Mishra
Advocate, Lucknow
7938 Answers
15 Consultations

5.0 on 5.0

1. Yes you can present yourself on 12 (your presence not mandatory your lawyer can file an application to cancel the warrant and cite reason for the absence). HE can file an application to cancel the NBW.

2 No there is no chance of arrest, let your lawyer file application then you can present before the court.

3. No personal presence is not required lawyer can file an exemption citing the difficulty.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

Provision in criminal code act for recall / conversion of nbw to BW. Advocate can file application , your presence not required.

You have to appear and seek bail on next date or any time before the hearing. Bail will grant.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

As the warrant is issued there are chances of your arrest even before the next court date so get it recalled through a lawyer by filing application in concerned court. You should not personally visit police station or court. Just take help of a local lawyer.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

It depends on the facts and circumstances of the case.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Appear on the next date of hearing and apply for recall of NBW

Ashish Davessar
Advocate, Jaipur
28564 Answers
835 Consultations

5.0 on 5.0

You can submit application before the NDOH

Anand Shukla
Advocate, Delhi
566 Answers
13 Consultations

4.9 on 5.0

The best point will be you along your lawyer remain present in date of hearing and pray before court for recall of NBW.

Shubham Jhajharia
Advocate, Ahmedabad
24271 Answers
96 Consultations

5.0 on 5.0

You can go before hearing date seek

recall of NB W

Ajay Sethi
Advocate, Mumbai
74388 Answers
4450 Consultations

5.0 on 5.0

NBW can be cancel if accused appear in the court on the next date of hearing.

Citation

Ch. Venkata Reddy Vs. State of A.P. reported

Mohammed Mujeeb
Advocate, Hyderabad
15449 Answers
7 Consultations

4.5 on 5.0

you should go on the date you are being called with a lawyer and state the reasons for non-presence. the court will grant you bail.

regards

Rahul Mishra
Advocate, Lucknow
7938 Answers
15 Consultations

5.0 on 5.0

If u appeared than what the need to recall , application will file before appearing.

Yogendra Singh Rajawat
Advocate, Jaipur
18433 Answers
22 Consultations

4.6 on 5.0

Its better to go on same hearing date and then recall it.

NBW is non bailable warrant issued to arrest someone ,it is executed on arrest or when cancelled or call back by court order ,if you are outside then police will arrest or will submit warrant to your residing police station as mentioned in complaint ,still if not turned up then ,court will issue section 82 ,83 CrPC to upheld and attach your property movable first ,and would submit charge sheet showing absconder.

Ganesh Kadam
Advocate, Pune
9590 Answers
80 Consultations

4.9 on 5.0

1. Since the court has issued NBW against you for not appearing before court on a previous date of hearing, you are required to appear in person before the court, file a petition under section 70(2) cr.p.c. and get the warrant recalled by complying with further formalities.

2. If you apprehend to get arrested before the said date of hearing, you can ask your advocate to file a petition for hearing advance and get the warrant recalled.

3. Yes, you have to surrender before court for recalling the NBW.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

What is the best option for me?

To go before the hearing date and recall it?

Or to go on same (hearing date) and then recall it.

Since it is a police prosecuted case, you may better recall the warrant on a date prior to the sid date of hearing by filing a advance hearing petition.

T Kalaiselvan
Advocate, Vellore
64348 Answers
834 Consultations

5.0 on 5.0

Go before hearing date and recall it.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

Go before the date of hearing with an application for recalling the NBW, if you have good grounds for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17614 Answers
288 Consultations

5.0 on 5.0

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